Texas has jurisdiction over an offense if the __________ occurs in Texas.

a.  conduct

b.  results

c.  intent

d.  a or b

“______ means physical pain, illness or any impairment of physical condition.”

a.  serious bodily injury

b.  bodily injury

c.  personal injury

d.  injury

b.  bodily injury

“An offense so designated by law or punishable by death or confinement in the penitentiary.”

a.  misdemeanor

b.  crime

c.  felony

d.  inchoate offense

c.  felony

“The actual care, custody, control or management”

a.  possession

b.  direction

c.  consent

d.  effective consent

a.  possession

“Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of a bodily member or organ.”

a.  bodily injury

b.  serious bodily injury

c.  personal injury

d.  injury

b.  serious bodily injury

“An offense so designated by law or punishable by fine, by confinement in jail or both.”

a.  felony

b.  misdemeanor

c.  state jail felony

d.  criminal offense

b.  misdemeanor

“Omission means _______.”

a.  failure to act

b.  failure to include

c.  to act inappropriately

d.  to leave out a case element

a.  failure to act

“_____ means assent in fact.”

a.  conduct

b.  consent

c.  act

d.  omit

b.  consent

“______ means a threat, however communicated.”

a.  coercion

b.  omission

c.  conduct

d.  offense

a.  coercion

A person commits an act, only if he engages in it _______.”

a.  by duress

b.  by coercion

c.  voluntarily

d.  involuntarily

c.  voluntarily

If the definition of an offense does not prescribe a culpable mental state, but one is required by law, the lowest level of culpability needed to convicted is ________.

a.  intentional

b.  reckless

c.  criminal negligence

d.  knowing

b.  reckless

Highest level of culpability is ______.

a.  intentional

b.  knowing

c.  reckless

d.  criminal negligence

a.  intentional

“When one ought to be aware of substantial risk that the result will occur”, defines …

a.  reckless

b.  criminal negligence

c.  knowing

d.  intentional

b.  criminal negligence

When one is aware of but consciously disregards a substantial and unjustifiable risk, that the result will occur, defines …

a.  reckless

b.  criminal negligence

c.  knowing

d.  intentional

a.  reckless

When “one is aware that his conduct is reasonably certain to cause the results”, defines …

a.  reckless

b.  criminal negligence

c.  intentional

d.  knowing

When “it’s one’s conscious objective to engage in the conduct or cause the result”, defines…

a.  reckless

b.  criminal negligence

c.  intentional

d.  knowing

c.  intentional

An offense designated a misdemeanor without specification as to punishment category, is a class …

a.  A

b.  B

c.  C

d.  D

c.  C

A class ___ misdemeanor does not impose any legal disability or disadvantage.

a.  A

b.  B

c.  C

d.  All misdemeanor impose legal disability.

c.  C

The highest category Felony is …

a.  State Jail Felony

b.  1^st Degree Felony

c.  2^nd Degree Felony

d.  Capital Felony

The Class ___ misdemeanor is the highest class.

a.  A

b.  B

c.  C

d.  D

a.  A

A class ___ misdemeanor is punishable by a fine of $4,000.00 and up to 1 year in jail.

a.  A

b.  B

c.  C

d.  D

a.  A

A class ___ misdemeanor is punishable by a fine up to $2,000.00 and up to 180 days in jail.

a.  A

b.  B

c.  C

d.  D

b.  B

A class ___ misdemeanor has a maximum fine of $500.00

a.  A

b.  B

c.  C

d.  D

c.  C

The ___ felony can result in 2 to 10 years in prison.

a.  1^st degree

b.  3^rd degree

c.  capital

d.  state jail

b.  3^rd degree

The ___ felony can result in 5 to 99 years or life in prison.

a.  capital

b.  3^rd degree

c.  2^nd degree

d.  1^st degree

X commits a felony theft and in his attempt to flee apprehension, he kills Y. X is guilty of…

a.  felony theft

b.  aggravated robbery

c.  murder

d.  manslaughter

c.  murder

X intentionally kills the homeowner of the residence he is burglarizing, X is guilty of…

a.  murder

b.  manslaughter

c.  capital murder

d.  criminally negligent homicide

c.  capital murder

X intentionally kills his 5 year old child to get even with his estranged wife. X is guilty of…

a.  murder

b.  capital murder

c.  manslaughter

d.  criminally negligent homicide

b.  capital murder

Officer X is fired upon by Armed Robber “Y”. X is justified in using deadly force and returns fire but strikes and kills “Z” an innocent bystander. X is guilty of…

a.  murder

b.  capital murder

c.  manslaughter

d. no offense (self-defense rule)

c.  manslaughter

“To restrain a person with intent to prevent his liberation by use of deadly force” is _____.

a.  restraint

b.  abduct

c.  false arrest

d.  terroristic threat

b.  abduct

“To restrict a person’s movement without their consent, so as to interfere substantially with his liberty, by moving him form one place to another or by confining him”, defines…

a.  abduct

b.  restrain

c.  arrest

d.  false imprisonment

b.  restrain

“To intentionally restrain another person, without their consent” is…

a.  restraint

b.  kidnapping

c.  aggravated kidnapping

d.  unlawful restraint

“To intentionally abduct another person, without their consent”, is…

a.  kidnapping

b.  aggravated kidnapping

c.  unlawful restraint

d.  false arrest

a.  kidnapping

“To intentionally abduct another person with intent to terrorize the person and then let them go”, is…

a.  no offense

b.  terroristic threat

c.  kidnapping

d.  aggravated kidnapping

X abducts Z and holds for ransom. This is…

a.  kidnapping

b.  aggravated kidnapping

c.  abduction

d.  unlawful restraint

b.  aggravated kidnapping

A man touches the breast of a woman employee at a bar, for his own sexual gratification, however the women is not offended. He’s guilty of…

a.  disorderly conduct

b.  public lewdness

c.  indecent exposure

d.  assault

b.  public lewdness

Sam masturbates in front of a 10 year old child.

a.  public lewdness

b.  homosexual conduct

c.  indecent exposure

d.  indecency with a child

X urinated in public and was reckless about offending or alarming other people.

a.  indecent exposure

b.  public lewdness

c.  homosexual conduct

d.  none of these

Which of these is NOT an objective of the Texas Penal Code?

a.  to insure public safety

b.  to safeguard non-criminal conduct

c.  to prevent arbitrary & oppressive treatment of suspects

d. they are all objectives

Conduct doesn't constitute on offense unless it is defined as an offense by _____.  

a.  municipal ordinance

b.  statute

c.  order of a county commissioner's court

d.  any of these

"A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury..." defines?

a.  serious bidily injury

b.  illegal knife

c.  deadly weapon

d.  weapon

"Consent is NOT effective if..."

a.  induced by threat, force or fraud

b.  given by an intoxicated person

c.  given by a person with mental disease or defect

d.  any of these

Element of offense means...

a.  the forbidden conduct

b.  the required culpability

c.  any required result

d.  all of these

Element of offense means the forbidden conduct, the required culpability, any required result.  The one additional requirement left out is:

a.  the negation of any guilt in the offense

b.  the negation of any exception to the offense

c.  the negation of any prima facie evidence to the offense

d.  all of the above

"An individual, corporation or association"

a.  individual

b.  person

c.  actor

d.  none of these

What is the level of proof to convict a person of a criminal offense?

a.  preponderance of the evidence

b.  reasonale suspicion

c.  reasonable doubt

d.  beyond a reasonable doubt

If the issue of the existence of an "affirmative defense" is submitted to the jury, the defendant must prove the affirmative defense _____.

a.  beyond a reasonable doubt

b.  to a reasonable doubt

c.  by a preponderance of the evidence

d.  the defendant needs to prove nothing

"If the issue of the existence of an "affirmative defense" is submitted to the jury, the court shall charge that _____ on the issue requires the defendant be acquitted."

a.  reasonable suspicion

b.  reasonable doubt

c.  beyond a reasonable doubt

d.  preponderance of the evidence

"_____ means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

a.  individual

b.  person

c.  actor

d.  fetus

A threat to inflict bodily injury in the future on the perrson threatened or another.

a.  harassment

b.  assault

c.  coercion

d.  aggravated

A threat to harm a persons' credit or business repute.

a.  identity theft

b.  harassment

c.  fraud

d.  coercion

A threat to take or withhold action as a public servant.

a.  official oppression

b.  official misconduct

c.  harassment

d.  coercion

A person is _____ if the result would not have occurred, but for his conduct.

a.  responsible

b.  irresponsible

c.  criminally negligent

d.  criminally responsible

Which felony results in 2 years to 20 years imprisonment with a possible $10,000 fine?

a.  capital

b.  1st degree

c.  2nd degree

d.  3rd degree

Which felony has a minimum jail time of six months?

a.  3rd degree

b.  state jail

c.  2nd degree

d.  1st degree

Capital felony offense where the state does not seek the death penalty upon conviction, the punishment is _____.

a.  15 years to life

b.  5 years to 99 years or life

c.  shall be life

d. may be life or death

A State Jail Felony can be punished as a 3rd degree felony if ...

a.  he has a prior felony conviction for aggravated sexual assault

b.  he used a deadly weapon during his crime

c.  anyone associated with the crime used a deadly weapon

d.  any of the above

If a person is convicted of a State Jail Felony, he shall be punished as a 3rd degree felony if:

a.  he has a prior felony conviction

b.  he has 2 prior felony convictions

c.  he has 2 prior state jail felony convictions

d.  none of these

A person convicted of a state jail felony that has 2 prior felony convictions (one subsequent to the first), shall be puished as a _____ felony.

a.  3rd degree

b.  2nd degree

c.  1st degree

d.  state jail

A person convicted of a 3rd degree felony that has a prior felony conviction, can receive a maximum of _____ years in prison.

a.  10

b.  20

c.  99

d.  life

A person convicted of a 2nd degree felony that has a prior felony conviction, can receive a maximum of _____ years in prison.

a.  10

b.  20

c.  99 to life

d. death

A person convicted of a 1st degree felony with a prior felony conviction, can be imprisoned for a minimum of _____ years.

a.  5

b.  99 

c.  life

d.  15

A person convicted of a class A misdemeanor, with a prior class A misdemeanor or felony conviction, must serve a minimum of _____.

a.  1 year in jail

b.  up to 1 year in jail

c.  90 days

d.  180 days

A person convicted of a class B misemeanor, with a prior class B misdemeanor or felonly conviction, must serve a minimum of _____.

a.  180 days

b.  30 days

c. 60 days

d.  90 days

"X" causes the death of "Y:" while under the immediate influence of a sudden passion caused by adequate cause under the circumstances at the time of the offense.  "X" is guilty of?

a.  murder 1st degree

b.  manslaughter

c.  involuntary manslaughter

d.  murder 2nd degree

e.  negligent homicide

"X" intentionally commits arson to a structure, and in the commission of the offense a firefighter arrives and is killed by "X," to prevent the firefighter from killing his fire.  "X" is guilty of ?

a.  aggravated

b.  arson

c.  murder 1st degree

d.  manslaughter

e.  capital murder

"X" caused the death of "Y" due to his criminal negligence.  "X" is guilty of?

a.  manslaughter

b.  murder 1st degree

c.  murder 2nd degree

d.  capital murder

e.  none of the above

What is the difference between murder and capital murder:

Capital murder is a murder of ______________

______________________

______________________

______________________

______________________

a child under age _____

-peace officer/firefighter on duty

-during kidnapping, burglary, robbery, arson, agg sexual assault

-obstruction, retaliation

-murder for pay, while in prison, during prison escape

-terrorist threat

-more than one person

-child under age 10

"X" comes home early from work and finds his wife in bed with his best friend.  "X" becomes violent, and in the immediate influence of sudden passion from this cause, he shoots both of them and then in his grief calls the police and confesses.  "X" is guilty of?

a.  criminally negligent homicide

b.  manslaughter

c.  murder, 1st degree felony

d.  murder, 2nd degree felony

"Y" recklessly drives a motorcycle into a swimming pool and kills a young boy by accident.  "X" is guilty of?

a.  criminal negligent homicide

b.  manslaughter

c.  murder

d.  no offense

"X takes Z hostage during an armed robbery, to use as a shield and a hostage," X is guilty of?

a.  agravated kidnapping 

b.  kidnapping

c.  aggravated robbery

d.  a & c

"X aducts Z at gun point, but never asked for ransom or harmed Z in any way," this is:

a.  aggravated kidnapping

b.  kidnapping

c.  unlawful restraint

d.  aggravated abduction by firearm

Aggravated kidnapping is a _____ degree felony.

a.  1st

b.  2nd

c.  3rd

d.  none of these

Kidnapping is a _____ degree felony.

a.  1st

b.  2nd

c.  3rd

d.  state jail

X voluntarily released Z (his aggravated kidnapping victim) in a safe place.  X can reduce his offense to a _____ felony of this act.

a.  3rd degree

b.  state jail

c.  2nd degree

d.  1st degree

X kidnaps a person and demands a ransom, then voluntarily releases the person safely prior to receiving the ransom.  X is guilty of _____.

a.  kidnapping

b.  aggravated kidnapping

c.  unlawful restraint

d.  no offense

Primary difference between UNLAWFUL RESTRAINT & KIDNAPPING is _________________________

_____________________________________

______________________________________.

kidnapping = abducts

unlawful restraint = restrain

Kidnapping becomes AGRAVATED KIDNAPPING, if ________, ________, _______, _______,

________, or _______.

-if held for ransom

-used as a shield

-hostage/commit felony

-injury

-sex abuse

-terrorize or interfere with govt. function

abduct: restrain w/deadly force or hidden where not likely to be found

restrain: confine w/o consent

"X" intentionally and knowingly abducts "Y" and holds him for ransom.  X is guilty of:

a.  false imprisonment

b.  kidnapping

c. aggravated kidnapping

d.  aggravated imprisonment

"X" intentionally and knowingly abducts "Y" at gunpoint.  X is guilty of ...

a.  false imprisonment

b.  aggravated kidnapping

c.  kidnapping 

d.  terroristic threat

"X" intentionally and knowingly restrains "Y" against her will by force.  X  is guilty of ...

a.  false imprisonment

b.  aggravated kidnapping

c.  kidnapping

d.  none of the above

""X" in the furtherance of the commission of an armed robbery of a store, abducts the store manager at gunpoint and used him as a "shied" to make a good escape.  X is guilty of:

a.  aggravatted kidnapping

b.  kidnapping

c.  false imprisonment

"X" intentionally and knowingly abducts "Y" by threatening him with DEADLY FORCE.  X is guilty of:

a.  aggravated kidnapping

b.  kidnapping

The primary difference between ROBBERY & THEFT is ___

_________________________________.

Robbery becomes AGGRAVATED ROBBERY if:  ______

______________________________.

- causes serious bodily injury

-uses deadly weapon

-threatens or causes bodily injury to someone over 65 or disabled

assault = serious bodily injury

-terroristic threat = threat of bodily injury

culpability -criminal mischief = intentional

-reckless damage = reckless 

-arson = destruction limited to the fire

-criminal mischief = explosions,; damage beyond just the fire

-assault = bodily injury

- aggravated assault = serious bodily injury or use of a deadly weapon

Defference between HARRASSMENT & TERRORISTIC THREAT is:

a.  __________________

b.  __________________

terroristic threat = imminent serious bodily injury

harrassment = not imminent, by phone, mail

burgulary = any part of the body or extention

trespass = entire body

"X" sends "Y" a note, threating him with serious bodily injury, with the intent of placing "Y" in fear for his safety.  X is guilty of...

a.  terroristic threat

b.  harassment

c.  assault

d.  aggravated assault

A drunken man was found unrinating in a public place, offending many witnesses, and was arrested.  He was charged with ...

a.  indecent exposure

b.  disorderly conduct, offensive display

c.  harrassment

d.  sexual assault

A man intentionally threw paint on the walls of the Mayors' home, causing damage and inconvenience.  The man is guilty of:

a.  terroristic threat

b.  reckless damage

c.  criminal mischief

d.  none of the above

Two men are seen kissing each other on the lips, in a public restroom

a.  homosexual conduct

b.  public lewdness

c.  disorderly conduct

d.  no offense

Deviate sexual intercourse is:

a.  any contact between any part of the genitals of one person and the mouth of another

b.  any contact between the genitals of one person and the anus of another

c.  penetration of the genitals or anus of  another with an object

d.  any of the above

Susie gives Sarah a massage and becomes sexually aroused and penetrates Sarah's genital with a vibrator.  Neither woman is offended and it occurs in the privacy of Susie's bedroom.

a.  no offense

b.  public lewdness

c.  homosexual conduct

d.  indecency with a child

A man and woman engage in sexual intercourse on a blanket in the city park under the cover of darkness.

a.  no offense

b.  public lewdness

c.  indecent exposure

d.  indecency with a child

You are on patrol and observe a 20-year-old farm boy having sexual intercourse with a female sheep on the shoulder of FM 1960.

a.  incest

b.  aggravated sexual assault

c.  indecent exposure

d.  public lewdness

The penalty for queston # 8 (public lewdness) is a ____.

a.  3rd degree felony

b.  state jail felony

c.  class A misdemeanor

d.  no offense

The penalty for Sam in question #4 (indecency with a child) is a ______.

a.  2nd degree felony

b.  3rd degree felony

c.  state jail felony

d.  class A misdemeanor

X sets fire intentionally, to his well insured home, to collect on the policy.  This is :

a.  fraud

b.  terrorism

c.  arson

d.  none of these

X strarts a trash fire in his yard and leaves it unattended while he goes in the house to eat lunch.  The fire spreads to his neighbor's fence and burns it to the ground.  X is guilty of:

a.  arson

b.  reckless damage

c.  criminal mischief

d.  no offense

X intentionally damaged property belonging to Z, without Z's consent.  This is:

 a.  criminal mischief

b.  reckless damange

c.  criminal damage

d.  deadly conduct

X intentionally sprays his "Gang logo" on the neighbor's fence, with aerosol paint, without the owners' consent.  This is:

a.  graffiti

b.  criminal mischief

c.  reckless damage

d.  no offense

X intentionally draws on the neighbor's fence with a brush and paint, without the owners consent.  This is _____.

a.  graffiti

b.  reckless damage

c.  criminal mischief

d.  no offense

To place graffiti on a place of worship or human burial site or on a public monument is a _____ offense.

a.  1st degree felony

b.  state jail felony

c.  class A misdemeanor

d.  3rd degree felony

X intentionally sets fire to Y's pasture, destroying his hay field, without the consent of Y.  This is:

a.  crimianl mischief

b.  felony criminal mischief

c.  arson

d.  reckless damage

X is angry about a new church moving into the community.  He intentionally blows up the church to prevent them establishing in the community.  X is guilty of:

a.  terroristic threat

b.  organized crime

c.  arson

d.  none of these

X places toilet paper in the neighbor's trees, not damaging any of them but creating a substancial inconvenience for the neighbor, and without the neighbor's consent.  X is guilty of:

a.  harassment

b.  disorderly conduct

c.  criminal mischief

d.  reckless damage

Two men have a partnership in a taxi.  One of the men destroys the taxi.  This is:

a.  criminal mischief

b.  reckless damage

c.  arson

d.  no offense

The difference between robbery and theft is:

a.  amount of property stolen

b.  force or attempted force used

c.  same thing

d.  none of these

X in the process of stealing a woman's purse, yanks the purse hard enough to pull the woman to the ground resulting in bodily injury to the woman.  X fled with the purse and is guilty of:

a.  theft

b.  mugging

c.  robbery

d.  aggravated robbery

X was trying to pick a man's pocket without his knowledge and the man resisted and was fighting X to keep his wallet.  X struck the 65-year-old victim, causing bodily injury and the man released his grip on the wallet and X fled with it. X committed:

a.  robbery

b.  theft

c.  felony theft

d.  aggravated robbery

X was fleeing from the lobby of the jewelry store with a diamond ring in his hand that he just snatched from a display rack, without the owner's consent.  In the immediate flight to escape the store X runs over a disabled person in the doorway, causing bodily injury to that person, but X excaped in the process with the ring.  This is:

a.  robbery

b.  aggravated robbery

c.  theft

d.  felony theft

X wants Y's ring and threatens Y with bodily injury.  Y fearing imminent bodily injury surrenders the ring without consent.  X has committed:

a.  theft

b.  aggravated robbery

c.  robbery

d.  felony theft

X strikes Z over the head with a steel pipe, knocking the victim unconscious resulting in serious bodily injury.  While unable to resist X steals Z's cash, wallet and watch and runs away.  This is:

a.  robbery

b.  theft

c.  aggravated robbery

d.  no offense

X walks into a bank and passes the teller a note reading, " I have a gun put all the cash in this bag or I will shoot you."  The teller does not see a pistol, but believes he has one in his pocket.  She hands over the cash and X gets away.  X has committed:

a.  theft

b.  robbery

c.  aggravated robbery

d.  felony theft

X walks into a bank, with a pistol visible to the teller, he passes at note to a teller that says " I have a gun put all the cash in this bag or I will shoot you."  The teller complies and X flees.  This is:

a.  robbery

b.  aggravated robbery

c.  theft

d.  felony theft

X removes a gas cap on a parked car and inserts a garden hose into the tank, wth the intent of removing gasoline without the owner's knowledge or consent.  X has committed what offense?

a.  theft of gas

b.  breaking and entering

c.  burglary of a vehicle

d.  no offense

X enters Y's home, without his consent, with the intent of stealing stereo equipment but is chased from the house by Y's poodle.  X has committed what offense?

a.  criminal trespass

b.  attempted robbery

d.  burglary of a habitation

d.  burglary of a building

X remained concealed in the surplus store until after closing hours, without the owners' consent.  X then began loading up camping equipment he inteded to remove.  X is guilty of:

a.  criminal trespass

b.  robbery

c.  theft

d.  burglary of a building

X finds the door to a coin operated coke machine standing ajar.  He opens the door and removes several cold cokes without aying and without the owner's consent.  X has committed:

a.  theft under $20.00

b.  breaking and entering

c.  burglary of a coin operated machine

d.  theft from a coin operated machine

X was being disruptive at an apartment complex where he did not reside.  The manager of the complex told X to leave the premises and X refused.  X is guilty of:

a.  burglary 

b.  theft of service

c. criminal trespass

d. no offense... civil only

X is licensed "Concealed hadgun holder" and he entered a business wih a sign posted that prohibits concealed handguns on the property.  X saw and understood the sign, but refused to leave until he finished his shopping X has :

a.  done nothing wrong

b.  violations of unlawfully carring a weapon

c.  violation of trespass by holder of license to carry concealed handgun

d.  criminal trepass

X walks by a parked car that belongs to Y.  X sees a watch laying on the console that belongs to Y and without the owner's consent, X reaches into the open car and grabs the watch and runs away.  This is:

a.  theft

b.  felony theft

c.  burglary of a vehicle

d.  burglary fo a motor vehicle

Burglary is a 1st degree felony if:

a.  the premses are a habitation

b.  it's with intent to commit a felony other than theft

c.  it's committed at night

d. a & b

Burglary of a building (other than a habitation) is a _____ offense.

a.  1st degree felony

b.  state jail felony

c.   3rd degree felony

d.  class A misdemeanor

Burglary of a habitation is a _____ degree felony.

a.  state jail

b.  3rd 

c.  2nd

d.  1st

To have "entry" in a burglary, requires:

a.  the entire person must be in the building

b. any part of the body in the building or vehicle

c.  any extension of the body is in the building or vehicle

d.  b or c

A man enters a garage and takes cash from a motor vehicle without the owner's consent.  

a. criminal trespass

b.  burglary

c.  burglary of a vehicle

d.  theft

A man takes $1,500.00 from a parked vehicle on a highway, without the owner's consent.  The most serious offense is?

a.  theft

b.  burglary of a vehicle

c.  burglary

d.  robbery